“Mystery tape” surfaces in sheriff’s race

A secretly recorded audiotape purported to be sheriff’s candidate/Undersheriff Craig Apple discussing how police are allowed to use deception (lie) has finally surfaced and allegedly is in the hands of Albany County Dem Chairman Matt Clyne. The elusive Clyne, who apparently does not subscribe to cell phones or answering machines, has not responded to our calls. No word yet on the tape’s origin. Law enforcement union-Council 82’s James Lyman said his organization, which insiders said is privately supporting Albany Detective Commander Tony Ryan, was not involved with obtaining or distributing the tape, and never had it in their possession. There had been persistent rumors among Democratic operatives that Council 82 had been given the tape but Lyman said it’s not true. “We’re baffled as to why we’re associated with it,” Lyman said. “We don’t represent Craig or the deputies or anything like that. … We have nothing to do with this issue and as far as supporting a candidate we have not been asked by any of the potential candidates.”
The Democratic candidates so far are Apple, Ryan, former State Police senior investigator Jim Horton, and Anthony Salerno, a former Albany officer and Altamont village police commissioner.
From today’s story:
ALBANY — An Albany County undersheriff who is seeking to become sheriff was recorded discussing the use of lies and deception by police in criminal investigations in a tape that has been turned over to county Democratic leaders.
Craig Apple, 43, who is running for the sheriff’s position being vacated by the retiring James L. Campbell, said he was made aware of the audio tape this week and that he believes it was circulated in an attempt to discredit him. Apple said the conversation may have been recorded by a deputy several years ago during an internal meeting about an unsolved murder in the town of New Scotland.
Under a 1969 U.S. Supreme Court ruling, Frazier v. Cupp, police were given latitude in the use of trickery and deception to obtain a voluntary confession.
“Somebody I know well had an opportunity to listen to this tape and indicated I’m on there stating it’s ok for police officers to lie and something about deception,” Apple said. “I know the conversation related to the Balashek case.”
In March 2004 the sheriff’s department investigated the death of Jean Balashek, 86, who they said was strangled in her New Scotland home. Investigators later charged Balashek’s transgendered daughter, Corianna Thompson, with murder but the case was never indicted. Thompson, who spent seven months in jail before the case was dropped, also went to prison as a man in 1981 for strangling a nurse in Albany.
In November 2005 the Times Union disclosed sheriff’s investigators had crafted a fake reward poster offering $150,000 for information leading to an arrest in the case. The poster was placed in front of people who were interviewed. At the bottom of the flier it stated: “This is not real, you stupid crackhead.”
“Apparently this tape is of me at some meeting where I’m trying to explain it’s OK for police officers to lie,” Apple said. “It’s only part of the conversation and it’s taken out of context. It’s mudslinging. They’re trying to discredit me from this race.”
Apple said he has not heard the tape and doesn’t know its origin. “I don’t care to listen to it, I know what I said. … My eye is on the ball and I’m moving ahead.”